45:00 ADOPTION OF LOCAL LAW
NO. 1 OF 2000 - AMENDING THE ACCESSORY APARTMENT PROVISIONS OF THE ZONING CODE

WHEREAS, the Board of Trustees of the
Village of Hastings-on-Hudson amended its Zoning Code in 1995 to add provisions
permitting accessory apartments as a special permit accessory use in certain
residential districts in the Village, and

WHEREAS, the Planning Board of the Village
of Hastings-on-Hudson has granted 29 accessory apartment permits under those
provisions, and

WHEREAS, many of those applications came
before the Planning Board for renewal over the past two years, and

WHEREAS, the Planning Board believed that
the renewal process for accessory apartment permits is unnecessarily burdensome
for the applicants and the Planning Board, and therefore recommended that it be
replaced with a simplified administrative process, and

WHEREAS, the Planning Board also recommended
that the accessory apartment provisions be amended to state expressly that the
Planning Board may impose conditions in granting accessory apartment permits,
and

WHEREAS, the Board of Trustees held two
public hearings to consider amending the renewal provisions for accessory
apartment permits, and

WHEREAS, the Board of Trustees determined
that the opportunity for neighborsto be heard by the
Planning Board on renewals was an important aspect of the accessory apartment
law, and

WHEREAS, the Board of Trustees did agree
that the requirement of certified mailings was unnecessarily burdensome and that
there should be an express provision for imposing conditions on accessory
apartment permits, now therefore be it

RESOLVED: that the Mayor and Board of
Trustees hereby adopt Local Law No. 1 of 2000 amending the accessory apartment
provisions of the Zoning Code as follows:

1. Section 295-67 D (2) (b) is hereby amended by adding the
following paragraph between paragraphs [2] and [3]:

In granting an accessory apartment permit, the Planning Boardshall have the authority to impose such reasonable conditionsand restrictions as are consistent with the spirit and intent of
the Accessory Apartment Law.

2. Section 295-67 D (2) (b) [11] is hereby amended by adding the
following underlined language to the last sentence of that paragraph:

In addition to the foregoing, any owner who violates any
provision of this subsection or any condition imposed bythe
Planning Board in granting the permit shall be subjectto
the revocation of the accessory apartment permit by thePlanning
Board.

An accessory apartment permit shall be issued for a period ofnot more than three years and may be renewed by applicationto the Planning Board. Prior to renewal of the accessory
apartment permit, the Building Inspector shall inspect the accessory apartment
and determine that all the requirements of this subsection are met. The Planning
Board shall conduct a public hearing on the renewal application on the same
notice as that required for a zoningvariance except
that mail notice need not be by certified mail.